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In re Nailah W.3/12/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. INTRODUCTION
Katherine G. appeals from an ordering terminating her parental rights with respect to her daughter, Nailha W. Katherine argues the order must be reversed because the juvenile court failed to consider whether Nailah should be placed with her siblings. We reject this contention and affirm the termination order.
II. STATEMENT OF FACTS AND PROCEDURAL BACKGROUND
On June 22, 1999, the Alameda County Social Services Agency (the Agency) filed a juvenile dependency petition on behalf of Nailah and three of her siblings, Michael W., India H. and Marianne W. The petition alleged the children's mother, Katherine G., was unable to care for and protect her children because of a long-standing cocaine habit. Nailah, born in March 1999, and Marianne, born in July 1995, both had positive toxicology screens for cocaine at the time of their births as did Katherine's now deceased child, Julian. Nailah had not received necessary medical attention since her birth. Furthermore, both Katherine and Shaun W., Nailah's alleged father, failed to comply with voluntary service plans signed on April 5, 1999.
A combined jurisdiction/dispositional hearing was set for July 13, 1999. The Agency's report summarized numerous prior contacts with this family beginning in October 1989, when Katherine's son Julian was born with a positive screen for cocaine. That matter was closed without an investigation and Julian subsequently died of Sudden Infant Death Syndrome (SIDS). Thereafter, the Agency was contacted about alleged neglect of Michael, failure to obtain prenatal care prior to the birth of India , failure to pick-up Michael from a babysitter, Marianne's positive tox screen for cocaine at her birth, alleged drug use by both parents and neglect of all the children. All of these prior cases were closed without removal of any children from the home. Then, after Nailah was born with a positive tox screen, both parents signed voluntary child welfare case plans. The current petition was filed after Katherine failed to obtain outpatient drug treatment for herself and medically advised follow-up treatment for Nailah and both Katherine and Shaun failed to cooperate with informal services. The Agency recommended that the children be declared dependents but that they remain in Katherine and Shaun's home and that the entire family receive court-ordered services through the Family Maintenance program.
At the August 3, 1999, jurisdiction/dispositional hearing the juvenile court found the allegations in the petition true, declared Nailah and her siblings dependents of the juvenile court, ordered that the children be placed in Katherine's home and ordered Katherine to participate in drug testing.
On August 16, 1999, the Agency filed a supplemental petition alleging that the prior disposition was not effectively protecting Nailah and her siblings from the risk of harm. An August 17 detention hearing report disclosed the following facts: Shaun and Katherine had a fight about Katherine's relationship with a man named Frank R. The police were called and Shaun went to jail. Katherine failed to stay in contact with the Agency and left her four children at the home of her 88-year-old godmother who was already caring for several other minors, had many animals, and was not competent to care for the children. When Shaun was release
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